Following the protracted land dispute between inhabitants of Iguomo and Ikhuen-Obo in Uhunmwonde Local Government Area of Edo state, the State’s Attorney General and Commissioner for Justice, Hon Oluwole .O. Iyamu, (SAN) has called on Ikhuen-Obo Community to abide by the decision of the Supreme Court over the matter.
Recall that since 1987, the two warring communities, who had at loggerheads, had laid claims to the ownership of the land, a dispute that had become a subject of litigation before the Supreme Court finally gave judgement in favour of Iguomo Community.
The Attorney General and Commissioner for Justice, in a legal advice addressed to the deputy governor, Rt Hon Phillip Shaibu, and copied the Secretary, Edo State Boundary Technical Committee, and the Permanent Secretary, office of the Deputy Governor, insisted that despite the Act of the State House of Assembly, the Supreme Court judgment has laid to rest the said dispute.
While giving a historical background of how Iguomo Community was founded, the SAN reminded the parties that failure to abide by supreme court decision amounts to contempt.
“The case of both communities was extensively argued at the High court, the court of Appeal and Supreme Court and at each court, judgement was given in favour of the representative of Iguomo communities to the effect that they had true title to the land in dispute.
“Despite the decision of the Supreme Court of 2006, in favor of the representative of Iguomo Community for ten years, they were unable to execute the judgement of the supreme court as they were severely resisted by Ikhuen-Obo Community.
“In 2016, the representatives of Ikhuen-Obo Community approached the Edo state house of assembly with a view to resolving the protracted dispute. The house via it’s standing committee on Lands and Survey and Housing investigated and deliberated on the matter and passed a resolution which was thereafter gazetted in Edo State of Nigeria Gazette No.5. Vol.24 of 7th April 2016.
“The resolution of Edo State House of Assembly was to the effect that despite the decision of the courts on the subject matter, including the judgement of the supreme court, the enforcement of the decision of the courts would occasion injustice, hardship, chaos, disorder and insecurity and as such , the house of assembly had reached a compromise settlement to the dispute.
“It is important to state clearly from the onset that by virtue of section 235 of the constitution of the Federal Republic of Nigeria 1999 as amended no appeal can lie to anybody or person from any determination of the Supreme Court.
“In other words, aside the powers of the President or Governor of a State with respect to prerogative of mercy , the decision of the Supreme Court on an issue puts a final rest to that issue and as such the same cannot be adjudicated on, deliberated on, decided on or resolved on by any other body,” the AG stated.
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